Palo Alto looks to leave landfill uncapped

By Jason Green

Daily News Staff Writer

Posted:
01/19/2013 12:45:15 AM PST

Updated:
01/19/2013 01:10:37 AM PST

Palo Alto is looking to leave 51 acres of its former landfill uncapped as it investigates the feasibility of building a waste-to-energy facility on part of the site, but the move could run afoul of regulatory agencies.

The city council voted 7-2 this week to seek a 16-month delay, enough time for it to reach a decision about a plant capable of handling bio-solids, yard trimmings and food scraps. Council members were mostly concerned that capping the 51 acres now could potentially affect the size of the project as well as drive up costs if one is ultimately approved.

"I feel that this is really the most prudent approach," Council Member Gail Price said Monday. "It gives us the greatest flexibility for various planning scenarios."

In November 2011, Palo Alto voters approved setting aside 10 acres adjacent to the city's wastewater treatment plant for a potential waste-to-energy facility. Eight of those acres are among the 51 that are uncapped.

Depending on the size of the project, a cap, if one is put in place now, would cost $2 million to $3 million to remove and reconstruct, according to city staff. Leaving all 51 acres uncapped would also provide more than enough room to move around buried garbage if all 10 acres that were set aside are needed.

The city, however, is already on borrowed time where the 51 acres are concerned. They need to be capped to prevent harmful methane gas and leachate from escaping into the environment.

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While the Santa Clara County Department of Environmental Health and other regulatory agencies agreed last year to let Palo Alto postpone the work until the 2013 construction season, city staff said they doubted another delay would be granted given the uncertainty swirling around the waste-to-energy facility.

"We still don't even know if an energy-compost facility will be approved on site," said Ron Arp, the city's manager of environmental control programs. "We won't know that until we bring a recommendation to you in early 2014."

Interim Assistant Public Works Director Phil Bobel said the city could be assessed as much as $10,000 per day for being out of compliance.

City staff had proposed asking the regulatory agencies to leave just 17 of the 51 acres uncapped, believing it to be more palatable.

Several council members, however, expressed confidence that legislators could help their cause if the request is denied.

Former mayor Peter Drekmeier said a waste-to-energy facility is ultimately in line with the environmental goals of the regulatory agencies.

"What we have to do if we get denied is elevate it. Eventually, the state is going to say, 'This is a fantastic project. Let's make it work,'" said Drekmeier, who championed the 2011 measure that set aside the 10 acres. "I'm absolutely positive we'll be able to make this work out."

Council Member Karen Holman said she couldn't support a postponement, noting that the landfill, once capped, is set to become part of Byxbee Park. Council Member Greg Schmid joined her in opposing the move.

"When the public voted, they voted on holding out 10 acres for (a waste-to-energy facility) site. They didn't vote on delaying the access to up to 51 acres," Holman said. "That was not before the voters and we can't conjecture how any of the voters would have voted had they known that."

Council Member Larry Klein disagreed.

"I believe that our voters have given us our marching orders and that is to preserve these 10 acres for the possibility of building an anaerobic digestion system," Klein said. "Of course, when they voted they had no idea about capping ... but I think if you asked the voters, they'd be very clear that they were setting aside these 10 acres for this potential use."

Former mayor Emily Renzel, a fierce opponent of the 2011 measure, urged the city council to cap all 51 acres.

"Palo Alto has not been very green with respect to Byxbee Park," Renzel said, "and it's time to start rectifying that."